SUSTAIN as to the first, second, fourth, fifth, sixth, seventh and eighth causes of action, with 20 DAYS leave to amend. SUSTAIN, without leave to amend, as to the third cause of action. The Motion to Strike is MOOT.

Breach of Contract: Plaintiff has failed to state a cause of action. Plaintiff vaguely alleges that Defendants entered into an implied-in-fact agreement with Plaintiff to take any and all steps to prevent an unauthorized use of her identity, credit information and/or personal information to obtain an unwanted loan and purchase of unwanted vehicle. (Compl., ¶38.) She asserts that the parties agreed that "neither party would take any and all steps necessary for Plaintiff to use maximum benefits to prevent misuse and unauthorized use of her identity, credit information and/or personal tax returns and payroll information.” (Id at ¶39.) These allegations are confusing and incoherent, which makes the exact terms of the contract unclear. Plaintiff does not described any conduct